Judge laments absence of authority which could proceed against absconders
\nLAHORE
\nSpecial Court Central Judge Bakht Fakhar Bahzad has directed the federal government to establish a special court to bring to justice those individuals who have fled abroad during their trials.
\nThis ruling came in response to a case involving several accused persons who had left the country. The court has requested a report from the relevant authorities by August 30, 2023, and has cited sections 93-A and 93-B of the Criminal Procedure Code (Cr.P.C.) as the basis for the decision.
\nJudge Bahzad, in his detailed judgment, noted that it appears the federal government, since the inclusion of sections 93-A and 93-B of the Cr.P.C., has either unintentionally or for reasons known only to them, left a gap. This gap has allowed influential accused individuals who have managed to abscond abroad to avoid being held accountable.
\nHe stated that there is no such authority which could proceed against the absconders.
\nExpressing concern over the federal government\u2019s consistent failure to adhere to the provisions of sections 93-A and 93-B of the Cr.P.C., the judge remarked that this raises questions about the state of the rule of law in Pakistan and the ability to address public grievances.
\nThe judge stated that the court\u2019s order must not be disregarded by the federal government, as it cannot be allowed to be ignored. The legislature has bestowed upon this court the power to punish those who violate court orders, he added. He further emphasised that the violators of orders issued by the court cannot escape legal consequences. Therefore, the judge questioned, the justification of the federal government in denying the court\u2019s orders while the benefits of these orders are not enjoyed by the general public.
\nHe stated that the federal government cannot be allowed to sabotage the statutory provisions of law and the orders passed by this court. Such undesirable behaviour of all the federal governments established in Pakistan needs to be curbed and dealt with iron hand to uphold the dignity of the court, to prevent abuse of process of law and to establish the rule of law in this country, he added.
\nHe stated that despite the court\u2019s orders, government departments have been engaged in a series of written exchanges, failing to comply with the court\u2019s directives. Instead of promptly adhering to the court\u2019s orders, they have chosen to engage in unproductive discussions, he added. He said that a thorough examination of sections 93-A and 93-B of the Cr.P.C. reveals that summonses issued by Pakistani courts must be served outside the country within the jurisdiction of a court established or authorised by the federal government\u2019s foreign jurisdiction.
\nThe court is required to send duplicate summonses to the presiding officer of the relevant foreign court, either by post or through other means. The same applies when warrants are issued for the accused\u2019s production. If the conditions and procedures specified in sections 93-A and 93-B of the Cr.P.C. are not met, an accused person cannot be declared a proclaimed offender, even if they manage to flee from Pakistan before standing trial, he added.
\nJudge Bahzad questioned whether the central government had established a court to handle the service of summonses and execution of warrants for accused individuals who have managed to evade criminal cases pending against them.
\nIncorrect reports
\nMoreover, the judge expressed dismay over the Federal Investigation Agency\u2019s (FIA) failure to comply with the court\u2019s orders. It has been discovered that incorrect compliance reports were occasionally submitted by the FIA, stating that the accused persons had already left the country, he added.
\nHe said that time and again warnings were issued to Director FIA for not deputing \u201cmentally distorted and insufficient persons\u201d in this court for execution of the warrants of arrests.
\nThe judge at one stage mentioned that it seems Director FIA has become unconcerned that what is happening in this court and how the prosecution is being conducted.<\/p>\n","protected":false},"excerpt":{"rendered":"
Judge laments absence of authority which could proceed against absconders LAHORE Special Court Central Judge Bakht Fakhar Bahzad has directed the federal government to establish a special court to bring to justice those individuals who have fled abroad during their trials. This ruling came in response to a case involving several accused persons who had […]<\/p>\n","protected":false},"author":2,"featured_media":317341,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":{"0":"post-339005","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national"},"yoast_head":"\n